Do investigations show up on your criminal record?

[red&white]

I seldom post here any longer due to the number of pre-pubescent morons that are allowed to run wild.

[Wetcoaster]

The internet as a whole is run largely by pre-pubescent morons, that's why I don't post here or any other forum for that matter very often.

[Buddhas Hand]

Australians are in the same position that Canada was prior to the patriation of our Constitution and the Charter of Rights and Freedoms being enacted in 1982 - limited protection.

Courts in that system are limited in what they can do - if a law is within the jurisdiction of the state or federal legislature then Parliamentary supremacy applies.

Now in Canada our courts have the power to determine not only if it is intra vires the particular legislature as required in a federal system (and the responsibility of our courts prior to the Charter) but now the courts can determine if a government statute, regulation policy or action is in violation of the Charter and can provide a remedy including declaring the law null and void.

[Wetcoaster]

even though australia has signed all five international treaties that make up, the INTERNATIONAL BILL OF HUMAN RIGHTS none of these treaties are legally binding in australia . nor is there a Bill of Rights in the australian constitution. this means that the fundamental rights and freedoms of everyone living in australia are not protected by law .

[Carlton Leach]

What about inter-provincial sharing? IE while municipal police depts usually have a system they run and upload to PRIME I had an interview in Alberta where they did a police records check but Iwas told it was level 1 CPIC and RCMP PROS. Would they have access to the same information? Never had a run in with the rcmp but Victoria police dept is pretty good at rubble rousing 'prepubescent punks' I wasn't worried about it cause it was stupid drunk tanks from 10 years ago but they dont delete anything?? WTF?

[Sharpshooter]

The problem at CDC is that the Moderators have pretty much abdicated their responsibilities.

[The Colt 45s]

Oversight is desperately needed. Unless actually convicted, people should have the reasonable expectation of privacy when it comes to employment. The fact is that a lot of private employers are doing their best to weed out candidates, from snooping on people's Facebook, Twitter, and Myspace pages, to running credit checks, and even criminal record checks. Heck, the whole idea of applicant tracking systems are a farce. You either agree to their terms when you apply or they will not even consider your application, on its merits.

Reading all of this, in many ways this could be similar to the way some employers used to demand their eligible hires to sign a yellow dog contract before being offered employment so they could not sign a union card.

The fact is, with the economy the way it is, employers have the incentive to remain scrupulous. Whether that is right or wrong is another issue that needs to be decided. Unless the legislature is forced to act, because there is discriminiation going on, nothing is going to get done. And the people of BC will not be able to compete companies paying off the politicians through campaign donations.

[Buddhas Hand]

That was the case in Canada as well until the Charter as I noted.

We did have a 1960 federal Bill of Rights enacted by the Diefenbaker government but it applied only to matters within the jurisdiction of Parliament and was interpreted by the courts as procedural as opposed to substantively. The Bill of Rights remains part of the Canadian constitution that is still both written and unwritten.

Like pre-1982 Canada, there are protections but they are less distinct and less enforceable relying upon UK law sources and conventions going back to the Magna Carta. In Canada before the Charter the courts had developed an "Implied Bill of Rights" based upon the Preamble in the British North America Act:

Whereas the Provinces of Canada, Nova Scotia and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland,

with a Constitution similar in Principle to that of the United Kingdom...

This was used to stop provinces trenching upon fundamental freedoms of speech, religion, assembly and association as intruding upon the criminal law power which under the distribution of powers is reserved exclusively to the Parliament of Canada by section 91(27) of the Constitution Act, 1867. However because of the doctrine of parliamentary supremacy Parliament when acting within its jurisdiction was free to run roughshod over civil liberties for the most part. Both the written and unwritten parts of Constitution of Canada are now considered to be a whole with the unwritten portion filling in gaps as the SCC noted in the Secession Reference.

In this unified whole model of the Constitution the express provisions are there to elaborate underlying, organizing principles while unwritten principles can shape "a constitutional argument that culminates in the filling of gaps in the express terms of the constitutional text" and that in "certain circumstances give rise to substantive legal obligations" that "are binding upon both courts and governments."

Reference re Secession of Quebec, [1998] 2 S.C.R. 217

[EmployeeoftheMonth]

Yeah they do but they don't really count against you.

I have to have a criminal record check every year and this year mine is officially clear. Prior to this year though my name was taken down as being at a house party that had a noise complaint. It never showed up as having a criminal record it just stated that I was involved in a disturbance.

It's not a criminal record however which is all that matters but you may have to explain it to a potential employer/volunteer agency/ anybody else who may need to see it.

[Ryanstorm]

In my opinion speculation does not make you a criminal so why would you have a record?

[Wetcoaster]

In my opinion speculation does not make you a criminal so why would you have a record?

[Carlton Leach]

So would an entry in PRIME automatically be uploaded into a database that other provinces could see?

CPIC is a national database and across the board obviously but how much do they talk to each other in other matters as PROS is an RCMP database would information from PRIME which is from 110 detatchments of RCMP uploading into it would they automatically add the information into PROS?

[hsedin33]

From what I've read and understood, it doesn't look good for me. I have had more then average contact (in my opinion) with police in where I call and report crimes or have givin witness statements, so I definitly have lots of my profile. Dang

Edit: Yup, totally what happened, said I was too much of a liability. Oh well